We all face financial difficulties in our life once in a while. It’s only normal desiring to live in a particular and failing to pay for it. To solve the money issue, we seek financial help from other sources with certain conditions.
The help doesn’t work in a straightforward way either. I mean, the journey of debt is a stressful one, but it should go smoothly when you are paying them in time. You have to remember that if you will not pay on time, a competent debt collection agency will always find a way to make you pay.
Let’s steer towards the context when you fail to pay the debts. We believe you can already imagine defending yourself in court against the debt collector. Or, you could be standing against your debt collector in the court.
If you are charged by a debt collector, we can initially tell you to take a breath. Know that you can fight the charge against you.
There are few steps you must perform to win a debt lawsuit. Besides, it occurs in stages. Please go over the details we have discussed below. The details will act as practical guidelines assisting in tackling the debt collecting issue.
You Must Write A Response To The Lawsuit
It’s not something you ignore. Because we all know it’s serious when it comes to money. Thus, you must face the ordeal. To start, when you get a letter, you should start to prepare an answer to it.
Note that your response will be delivered to the court. So, there is no way you could avoid it. They will keep on getting at you. Besides, the context of a lawsuit can get nightmarishly harsh.
People often don’t open the mail from debt collectors. But you need to be thoroughly aware of what steps they are taking against you. The charges might not be right all the way true from your end. And, you certainly don’t want to fight for the reason that is not correct.
To preclude it from getting worse, you have to provide a well-founded explanation in the response. You can write one by yourself. You can also see an attorney helping you prepare an arguable answer. If you are confused about explaining your reason, we suggest you go to a local attorney.
Keep An Eye On The Deadline And Correct Style Of Response
The lawsuit letter will come with a date asking to send you an explanation. If they don’t hear from you with the given period, the case will keep on going forward.
And, that won’t in your best interest. You will find two different kinds of time limits for two different courts, i.e., small claims court and superior court.
Also, know that your style of response will differ in terms of two courts. If you are planning to write answers by yourself, you better do some research to use the right expression.
The accusation will be structured in several paragraphs. You need to make sure- you are writing a reply to every single paragraph. However, if you hire a good attorney, she will take care of all of it by herself.
Asking For The Chain Of Custody
It’s a strategy to challenge your plaintiff. Creditors often handover your debt to some debt collecting entity. You can take this chance to win the debt lawsuit.
This is mainly a detail you put in response to the complaint they have made against you. You can let the court know that you would like to see the legal papers of the debt collector.
That way, you will know if they really have the official right to file a case against you. Once you make the court aware of that, they will ask your debt collecting to show their chain of custody. If you don’t request for the proofs, the court is not going to ask for it. And, your debt collector might not have the authentic papers.
Defend Yourself By Asking For The More Proof
You are allowed to demand detailed and precise information from the debt collection. Since they are suing you, you can ask them to show the thorough information about how much you owe them. Also, they have to explain why you are indebted to them.
However, you must make the court aware of all of that. If you don’t through questions to your debt collector, the court won’t be doing that on its own. When you demand meticulous description, the debt collector might fail to provide enough details. As a result, you get a reason to defend yourself against the debt lawsuit.
Violation Of Fair Debt Collecting Rules
There are some rules that debt collectors are supposed to conform to. If you think they have bothered you by stepping out of the rules, you can consult an attorney. This way, the debt collector will be charged for their acts. Also, they will have to compensate you in return.
Filling For A Bankruptcy
If you are dealing with only one creditor or debt collector, then this step is for you. This step is suitable if you owe several creditors. In that circumstance, filing a bankruptcy is the working solution. That way, there won’t be any chance for you to get more than one debt lawsuit.
On A Final Note
You need to keep in mind only three things while fighting a lawsuit- check, respond, and challenge. You might be able to defend yourself against the debt collecting issue. You better see an attorney as soon as possible. If you have several debts, do check with an attorney and proceed to file bankruptcy.